Apply green card for my mom

D

dengdeng

Registered Users (C)
Hi all, I am applying green card for my mom, I have a few questions, please help!

1) when is the earliest time I can send my application, my mom came on Apr 15th. Do I need wait 2 - 3 months?

2) My mom's visa will expire in October, can she stay assume we can get receipt notice from UCIS?

3) Do I need get my passport or Naturalization certiface is enough?

4) Does she need police clearance certificate?

Thanks greatly!
 
dengdeng said:
Hi all, I am applying green card for my mom, I have a few questions, please help!

1) when is the earliest time I can send my application, my mom came on Apr 15th. Do I need wait 2 - 3 months?

2) My mom's visa will expire in October, can she stay assume we can get receipt notice from UCIS?

3) Do I need get my passport or Naturalization certiface is enough?

4) Does she need police clearance certificate?

Thanks greatly!
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#1. Is your mom on Visitor's visa? If so, better to wait 3 months(90 days)

#2. Yes

#3. Nat. Cert is good enough.

#4. Don't know...wouldn't hurt to get one but do wait until the 3 months period to end.
 
For #4 ... she doesn't need a police certificate unless there is a problem with her fingerprinting. If there is a problem with the fingerprints, USCIS will tell you.
 
second stage said:
Its clear from the posting that his mom is already in the U.S.
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That doesn't mean CP can't or shouldn't be followed. The I-130 can be filed with the CP option when the mother is still in the US. Then she would leave the US when it is time to be interviewed at the consulate or when her I-94 expires, whichever comes first.
 
I marvel at the way Triple Citizen's mind works.
He is technically right most of the time but invariably brings out exceptions in normal situations and then solve the exceptions. What about the main route/problem/question.

The questioner is asking a main question: Doesn't it need to be answered first and then write an exception handler?

I also see for some odd reason, Triple Citizen is very very biased against AOS. He often tells everybody of dropping AOS and go via CP route on the basis of pre-conceived thoughts of immigration. The way I see it, it is walking on the thin ice of almost misguiding people that AOS is morally and legally wrong.

USCIS accepts AOS applications from people who are landed in USA. USCIS will decide if the person had pre-conceived idea of immigrating or not. Does Triple Citizen think he has better machinery to decide if someone is AOS worthy or CP worthy.

I am not mad at Triple Citizen, we have shared humor and laughter on this forum before, but I can't help asking TC to be more lenient towards people and not scare them.
 
My intention is never to scare anyone. I only advocate USCIS's preferred way of immigration. That is just the way I am. When there is a way that is free from the 1% risk of being accused of misrepresentation and fraud, which AOS from B-2 status carries, I advocate going the CP route. At the end of the day, it is the call of the applicant, not mine. I will however not change my views just to sound more lenient. Let me also clarify, I got my GC through AOS, but I came on a visa that is created precisely for people to enter and then AOS.

I also agree, we have shared humoUr and laughter :)

Vishnu Mahadev said:
I am not mad at Triple Citizen, we have shared humor and laughter on this forum before, but I can't help asking TC to be more lenient towards people and not scare them.
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Vishnu Mahadev said:
USCIS accepts AOS applications from people who are landed in USA. USCIS will decide if the person had pre-conceived idea of immigrating or not. Does Triple Citizen think he has better machinery to decide if someone is AOS worthy or CP worthy.
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In many threads, it is obvious from the thread starter's own statements that there was a preconceived intent to immigrate. But they just don't want USCIS to find out about that intent.

And whether USCIS decides such intent existed or not, each attempt at B2 -> AOS makes things more difficult for other B2 applicants in the future, and makes it less likely that the given country will be added to the visa waiver list (excessive overstays and AOS of VWP travelers can also make a country get removed from the visa waiver list ... e.g. Uruguay was revoked in 2003). The fact they routinely deny B2 visas to so many people around the world for the mere suspicion that they will attempt AOS shows that they have a big problem with it, even if USCIS approves your parent's or spouse's B2 -> AOS transition.
 
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second stage said:
Would you ask the same question to someone who is doing CP? (why not consider AOS) I highly doubt it...
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If the person has an H or L visa, for which AOS is clearly acceptable, I personally would ask why they are choosing CP instead of AOS. I bet that Triple Citizen would ask the same.
 
Triple Citizen said:
My intention is never to scare anyone. I only advocate USCIS's preferred way of immigration. That is just the way I am. When there is a way that is free from the 1% risk of being accused of misrepresentation and fraud, which AOS from B-2 status carries, I advocate going the CP route. At the end of the day, it is the call of the applicant, not mine. I will however not change my views just to sound more lenient. Let me also clarify, I got my GC through AOS, but I came on a visa that is created precisely for people to enter and then AOS.

I also agree, we have shared humoUr and laughter :)
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Triple Citizen: SKG: Your explanation is logical/reasonable and hence theoretically acceptable. I will narrate some practical probems in reply to Jackolatern's reply. You can do rebuttal there. (Thanks for pointing out Typo in the meantime, man you amaze me with your EH)

-Vishnu
 
Jackolantern said:
In many threads, it is obvious from the thread starter's own statements that there was a preconceived intent to immigrate. But they just don't want USCIS to find out about that intent.

And whether USCIS decides such intent existed or not, each attempt at B2 -> AOS makes things more difficult for other B2 applicants in the future, and makes it less likely that the given country will be added to the visa waiver list (excessive overstays and AOS of VWP travelers can also make a country get removed from the visa waiver list ... e.g. Uruguay was revoked in 2003). The fact they routinely deny B2 visas to so many people around the world for the mere suspicion that they will attempt AOS shows that they have a big problem with it, even if USCIS approves your parent's or spouse's B2 -> AOS transition.
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The US Consulate did not give B2 visa to my mom for several years like many others on this forum under the clause 214(b), if I am not mistaking the number, which stands for potential immigrant. What it meant was they had reasonable doubt based on statistics on our country that people on B2 would not return to their country and stay hidden in USA illegally. Fair call.

But interestingly enough after I became citizen of this country 11 years later, they gave my mom visa stating in the interview "now they don't care if she would immigrate or not as I can do her GC anyway ( either CP or AOS route) if I want to." So where is the scare in the cases of such B2 s getting converted in to GCs, they would have been converted to GC any way. Isn't it the same for all B2s who qualify for AOS/CP. isn't it matter of choice ?

Now why some parents want to do their AOS and not CP: Parents do not have understanding of the entire process. They can make mistakes in filling up umpteen forms, there may not be anybody to drive them for FP, Medical exams, Interviews at consulate, get tickets for USA within 1 month of obtaining GC,
they don't have internet, PCs, knowledge of forums, time, will to sign up for such complicated process, may not have money. They would rather live and die away from their immigrated kids than subscribe to such lengthy and complex process. In such cases kids have no choice but to do their GC via AOS process instead of CP process. IMHO: This is such class of people that if for a reason if their GC is not granted, they will leave US and go back to their country to stay legal. These people may not have broken any law in their entire lifetime and may not want to live and die illegal in the USA.

USCIS would worry about those B2 who do not qualify for GCs easily, come to this country and hide illegally for 12 years to get status. Parents are far from it.
That is why I haven't heard of any case for parents getting rejected for GC on this account. Isn't it?

I don't have anything more to offer in this case, hence the defence rests :-)
 
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Vishnu Mahadev said:
USCIS would worry about those B2 who do not qualify for GCs easily, come to this country and hide illegally for 12 years to get status. Parents are far from it. That is why I haven't heard of any case for parents getting rejected for GC on this account. Isn't it?
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No, you haven't heard about any such cases because overstay cannot be used to deny a parent's GC.
 
Jackolantern said:
And whether USCIS decides such intent existed or not, each attempt at B2 -> AOS makes things more difficult for other B2 applicants in the future, and makes it less likely that the given country will be added to the visa waiver list (excessive overstays and AOS of VWP travelers can also make a country get removed from the visa waiver list ... e.g. Uruguay was revoked in 2003). The fact they routinely deny B2 visas to so many people around the world for the mere suspicion that they will attempt AOS shows that they have a big problem with it, even if USCIS approves your parent's or spouse's B2 -> AOS transition.
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I have always maintained that you need to look at the # of applicants from a country to determine the B2 approval or denial rate.

Lets take the case of Uruguay and India(or China or Mexico or Phillipines).

Uruguay Population : 3.4 million
India Population : 1147.9 million

Just the fact that, applicants from India will outnumber 1000:1 from most other countries would remind you why there maybe higher denials rates for B2 or any other visas and this has nothing to do with intent to migrate(however there is a stronger case for this) than sheer number of applicants.
 
Jackolantern said:
If the person has an H or L visa, for which AOS is clearly acceptable, I personally would ask why they are choosing CP instead of AOS. I bet that Triple Citizen would ask the same.
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I don't see you or Triple Citizen actively posing those questions to any of the H or L visa holders on this forum.

I do know that when you hold H or L visa, CP route is much faster than AOS and most people will take the route of least resistance.
 
Why some parents were interviewed some were not? Is it random?

Does the time of medical exam matter? 90 days after coming to United states, etc. Thanks!
 
dengdeng said:
Why some parents were interviewed some were not? Is it random?

Does the time of medical exam matter? 90 days after coming to United states, etc. Thanks!
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Everything matters..Just wait until 90 days before you start doing anything but do have a checklist of what needs to be done...
 
second stage said:
I don't see you or Triple Citizen actively posing those questions to any of the H or L visa holders on this forum.
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That's because I don't see threads with anybody inside the US with an H or L visa who has said they are about to choose consular processing. The vast majority file AOS. Of the few threads I have seen where they chose CP, they had already requested CP months or years ago and they're close to having their consular interview or already did the consular interview, so there would be no point in suggesting AOS at that stage.
 
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